The Scottish Local Government Elections Order 2007

Transfer of ballot papers

48.—(1) Where, at the end of any stage of the count, the number of votes credited to any candidate exceeds the quota and, subject to rules 49 and 52, one or more vacancies remain to be filled, the returning officer shall sort the ballot papers received by that candidate into further parcels so that they are grouped–

(a) according to the next available preference given on those papers; and

(b) where no such preference is given, as a parcel of non transferable papers.

(2) The returning officer shall, in accordance with this rule and rule 49, transfer each parcel of ballot papers referred to in paragraph (1)(a) to the continuing candidate for whom the next available preference is given on those papers and shall credit such continuing candidates with an additional number of votes calculated in accordance with paragraph (3).

(3) The vote on each ballot paper transferred under paragraph (2) shall have a value (“the transfer value”) calculated as follows–

A divided by B

Where

A

=

the value which is calculated by multiplying the surplus of the transferring candidate by the value of the ballot paper when received by that candidate; and

B

=

the total number of votes credited to that candidate,

the calculation being made to five decimal places (any remainder being ignored).

(4) For the purposes of paragraph (3)–

(a) “transferring candidate” means the candidate from whom the ballot paper is being transferred; and

(b) “the value of the ballot paper” means–

(i) for a ballot paper on which a first preference vote is given for the transferring candidate, one; and

(ii) in all other cases, the transfer value of the ballot paper when received by the transferring candidate.